Decision 1430E – Poway Unified School District

LA-CE-4169-E

Decision Date: April 30, 2001

Decision Type: PERB Decision

Description: The Board remanded the case to the General Counsel’s Office for issuance of a complaint and further processing.

Disposition: Remanded to General Counsel’s office for issuance of a complaint and further processing. The charging party has stated a prima facie violation of EERA by showing that the employer unilaterally adopted a final work calendar, not a tentative calendar.

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Perc Vol: 25
Perc Index: 32060

Decision Headnotes

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case

The District's unilateral adoption of a calendar, including starting and ending dates, holidays and recesses for students, was not a tentative calendar, but a final work calendar setting certificated staff workdays. Unilateral adoption of such a calendar supports a prima facie violation of EERA based upon a refusal to bargain.

1000.00000 – SCOPE OF REPRESENTATION
1000.02016 – Calendar

The District's unilateral adoption of a calendar, including starting and ending dates, holidays and recesses for students, was not a tentative calendar, but a final work calendar setting certificated staff workdays. Unilateral adoption of such a calendar supports a prima facie violation of EERA based upon a refusal to bargain.